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Promissory Note

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Minnesota Fixed Rate Note, Installment Payments - Unsecured

PROMISSORY NOTE
(Fixed Rate, Installment Payments)

[Date]

[City]

[State]

[Borrower(s) Address]

1. BORROWER'S PROMISE TO PAY

In return for a loan that I have received, I promise to pay U.S. $ (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is . I will make all payments under this Note in the form of cash, check, certified funds or money order at the option and direction of Lender. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder."

2. INTEREST

Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note.

3. PAYMENTS

(A) Time and Place of Payments

I will pay principal and interest by making a payment every month. I will make my monthly payment on the day of each month beginning on . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If, on , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at or at a different place if required by the Note Holder.

(B) Amount of Monthly Payments

My monthly payment will be in the amount of U.S. $

4. BORROWER'S RIGHT TO PREPAY

{initial desired provision}

I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a “prepayment.” When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a prepayment if I have not made all the monthly payments due under the Note. I may make a full prepayment or partial prepayments without paying a prepayment charge. The Note Holder will use my prepayments to reduce the amount of principal that I owe under this Note. However, the Note Holder may apply my prepayment to the accrued and unpaid interest on the prepayment amount, before applying my prepayment to reduce the principal amount of the Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.

Alternatively, if this provision is initialed:

I shall not have the right to prepay this Note unless I pay a prepayment penalty for early prepayment in the amount determined by the Note Holder, not to exceed the maximum amount allowed by the laws of the state where the property is located.

5. LOAN CHARGES

If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment.

6. BORROWER'S FAILURE TO PAY AS REQUIRED

(A) Late Charge for Overdue Payments and Receipt of Payments

If the Note Holder has not received the full amount of any monthly payment by the end of calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be % of my overdue payment of principal and interest or dollars for each late payment. I will pay this late charge promptly but only once on each late payment. In no event will the late charge exceed the maximum amount allowed by the applicable state law.

Payments to the note holder shall not be considered made until received by the Note Holder at the address specified. Mailing is insufficient to constitute delivery to the Note Holder.

The number of days required for payment of a late charge shall not be considered as a grace period for the payment date required under this Note and the Borrower shall be default if the payment is not paid on the due date.

(B) Default

If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.

(C) Notice of Default

If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means.

(D) No Waiver By Note Holder

Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time.

(E) Payment of Note Holder's Costs and Expenses

If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.

7. GIVING OF NOTICES

Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.

8. OBLIGATIONS OF PERSONS UNDER THIS NOTE

If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note.

9. WAIVERS

I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED

(Seal)

Borrower

(Seal)

Borrower

(Seal)

Borrower

(Seal)

Borrower

Enter text

What a Promissory Note Is and when it's used

A Promissory Note is a written, signed promise from one party (the maker or borrower) to pay a specified sum to another party (the payee or lender) under defined terms. It records the principal amount, interest rate when applicable, repayment schedule, maturity date, and any events that accelerate repayment. Promissory notes can be used for personal loans, business financing, seller-financed real estate transactions, and short-term debt agreements. While many notes are simple, formalizing terms in writing improves enforceability and clarifies borrower and lender obligations under state contract and UCC rules.

Why formalize a loan with a Promissory Note

A Promissory Note creates a clear, enforceable record of debt terms that supports collection, clarifies payment obligations, and reduces disputes between parties.

Why formalize a loan with a Promissory Note

Who commonly prepares and signs Promissory Notes

Each user group should confirm state-specific requirements, such as notarization or witness needs, and consider legal review for large or complex loans.

  • Real Estate professionals and buyers using seller financing or bridge loans for property purchases.
  • Financial services and private lenders documenting short-term loans or lines of credit.
  • Small business owners and founders formalizing loans from investors or related parties.

Core elements to include in a professional Promissory Note

A complete Promissory Note spells out payment mechanics, borrower and lender identity, default remedies, and governing law so the parties understand expectations and enforcement options.

Parties

Full legal names and addresses for borrower and payee, using the exact entity/legal-person names that will enforce or be bound by the agreement.

Principal

The exact dollar amount borrowed, written numerically and in words to avoid ambiguity and to control how overpayment or rounding is handled.

Interest

Specify the interest rate (fixed or variable), the method of calculation (simple or compound), and when interest begins accruing.

Repayment

Clear schedule (installments or lump sum), due dates, grace periods, and payment application order (interest first, then principal).

Default

Events that constitute default, acceleration clauses, late fees, and lender remedies including collection costs and attorney fees.

Governing law

Designate the state law that will interpret the note and include venue provisions to reduce disputes over jurisdiction.

Step-by-step: completing a Promissory Note

Follow these practical steps to prepare a note that is clear and enforceable; verify names, amounts, dates, and signatures before execution.

  • 01
    Draft terms: Write principal, interest, schedule, and default provisions clearly.
  • 02
    Confirm identities: Verify legal names and authorities to sign for entities.
  • 03
    Choose governing law: Specify the state law that will govern disputes.
  • 04
    Execute properly: Sign, date, and notarize or witness if required by state or lender preference.

Typical electronic signing workflow for a Promissory Note

Digital workflows let you assemble, route, authenticate, and archive a Promissory Note while capturing an audit trail for enforceability under U.S. e-signature laws.

  • Upload document: Import PDF or DOCX with the note text into the e-signature platform.
  • Place fields: Add signature, date, payment, and initial fields where required.
  • Define authentication: Select email, SMS code, or stronger ID verification as needed.
  • Send and capture trail: Platform timestamps actions and stores signer IP and audit events.

Recommended configuration for an online Promissory Note workflow

Configure fields and authentication to balance signer convenience with evidentiary strength for collections or disputes.

Field Configuration
Signature authentication Email + SMS code for consumer; KBA or ID verification for higher assurance
Conditional fields Show acceleration or collateral sections only if box checked
Payment schedule field Use calculated fields to total payments and remaining balance
Reminders Enable automatic due-date reminders and overdue notices

Technical considerations for eSigning and storing Promissory Notes

Choose a platform that supports required file types, authentication methods, and an audit trail that meets ESIGN and UETA requirements.

  • File formats: PDF and DOCX are widely supported and preserve layout.
  • Integrations: Connectors for Salesforce, NetSuite, Google Workspace, and Box streamline routing.
  • Security: TLS in transit and AES-256 at rest protect stored notes.

Ensure the vendor supports export of signed PDFs and provides a tamper-evident audit trail for legal and compliance needs.

Key dates and timing to include and monitor

Track contractual deadlines within the note and procedural deadlines for notices, default triggers, and enforcement actions to protect lender rights.

Payment Due Date:

Set explicit due dates for each installment in MM/DD/YYYY format.

Grace Period:

Specify number of days allowed before late fees apply or default is declared.

Default Notice Period:

State how notices are delivered and when acceleration can occur.

Acceleration Trigger:

Define events (missed payment, bankruptcy) that make the full amount due immediately.

Collections timeline:

Begin collections promptly; statute of limitations varies by state and affects enforceability.

Common errors to avoid when preparing a Promissory Note

  • Using informal language or vague payment descriptions that create ambiguity in enforcement or calculations.
  • Failing to include clear borrower identity; using nicknames or incomplete entity names hinders collection efforts.
  • Omitting an interest clause or method of interest calculation, leading to disputes over owed amounts.
  • Skipping signature formalities (notarial acknowledgements or witness requirements) when state or lender policy requires them.

Legal and financial risks of an incorrectly prepared Promissory Note

Unenforceability: Courts may decline relief if key terms are missing.
Interest disputes: Improper terms can trigger usury claims in some states.
Statute limits: Delay in enforcement can bar recovery under state statute of limitations.
Increased costs: Collection and litigation costs increase with ambiguous documents.
Tax exposure: Incorrect reporting of interest may trigger IRS adjustments.
Invalid signatures: Improper execution can permit signer denials and defenses.

Representative real-world Promissory Note uses

These concise examples show how businesses and owners document loans and streamline signing using secure platforms.

Optica Ventures (Brian Fitzgibbons)

Optica used a written promissory note to document bridge financing for a property purchase.

  • The note specified principal, monthly payments, and an acceleration clause.
  • The clear written terms reduced closing delays and supported swift collection when payments required follow-up, helping maintain investor confidence.

Martin Properties (Tim Martin)

A small real estate firm documented seller financing with a promissory note and security instrument.

  • The note included interest, late fee terms, and recording instructions.
  • Properly drafted execution and recording preserved priority and simplified remedies when enforcement became necessary.

eSignature vendor pricing and feature snapshot for Promissory Notes

Compare starting prices and key capabilities; signNow is listed first per vendor convention to highlight a baseline configuration option.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by promotion Varies by promotion Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently asked questions about Promissory Notes and eSigning

Answers to common execution, enforceability, and electronic signing questions for Promissory Notes in the United States.


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